Constitution of The Austrian Empire
I. PREAMBLE The 3rd and final draft of the constitution was brought about, simply because of the rapidly changing nature of our alliance. We needed a comprehensive constitution, which had to be flexible enough to move onwards and upwards with our alliance. We now have that constitution. I would like to thank fiorello for all his hard work and for having to put up with my consistent requests for amendments II. BASIC PROVISIONS Article 1 *Sovereignty of the Austrian Empire is embodied in the Emperor of the Austrian Empire. *Citizens of the Austrian Empire exercise their power with election of their representatives and through direct decision-making. Article 2 *In the Austrian Empire government shall be organized on the principle of separation of powers into the legislative, executive and judicial branches, but also limited by the Constitution. *The principle of separation of powers encompasses forms of mutual cooperation and reciprocal checks and balances as stipulated by the Constitution and law. Article 3 *In the Austrian Empire, laws shall comply with the Constitution. Other regulations shall comply with the Constitution and law. *All persons shall be obliged to abide by the Constitution and law and respect the legal order of the Austrian Empire. Article 4 *The armed forces of the Austrian Empire shall protect its sovereignty and independence and defend its citizens. *The Austrian Empire may conclude alliances with other states, retaining its sovereign right to decide upon the powers to be so delegated and the right to freely withdraw there from. *Assistance in the protection of sovereignty and independence and defence of citizens may also be provided to the Austrian Empire by allied states in accordance to ratified international treaties. *The Austrian Empire may provide assistance to allied states in case of armed aggression on one or more thereof as stipulated under ratified international treaties, according to a decision of the Emperor of the Austrian Empire proposed by the Government of the Austrian Empire. *The defence structure, chain of command, administration and democratic oversight of the armed forces of the Austrian Empire shall be regulated by law. Article 5 *Austrian citizenship, and its acquisition and revocation, shall be regulated by law. Article 6 *The description of the Austrian coat-of-arms and flag and the use of these and other state symbols shall be regulated by law. Article 7 *All persons in the Austrian Empire shall enjoy equal rights and freedoms, regardless of race, colour, gender, language, religion or other characteristics. *All citizens shall be equal before the law. *Any call for use of violence, to national, racial or religious hatred, or any form of intolerance shall be prohibited and punishable by law. *Freedoms and rights may only be reduced by law in order to protect the freedoms and rights of others, the legal order and public morals. *Every citizen of the Austrian Empire shall have the right, under equal conditions, to participate in the conduct of public affairs, and to have access to public services. Article 8 *The maximum punishment in the Austrian Empire will be Zero Infrastructure. Article 9 *Foreign citizens may be granted asylum in the Austrian Empire, provided they are not in any aggressive wars and become a citizen according to the rules governing entry into the Austrian Empire. Article 10 *Military service and defence of the Austrian Empire shall be the duty of every citizen of the Austrian Empire. *All citizens are expected to not attack anyone in game, regardless of alliance affiliation unless the Austrian Empire is in a state of war, or the order is given by the Emperor and the Chancellor. Article 11 *The Imperial Central Bank shall be the central bank of the Austrian Empire. *The Imperial Central Bank shall be autonomous and independent, and shall report on its work to the Emperor of the Austrian Empire. *The Imperial Central Bank shall be managed and its operations shall be conducted by the Finance Minister. *The organisation, purpose, tasks and competence of the Imperial Central Bank shall be governed by law. III. ORGANIZATION OF GOVERNMENT '1. Austrian Parliament' Article 12 The Austrian Parliament shall be a representative body of the people and shall be given the legislative power in the Austrian Empire. Article 13 Deputies in the Austrian Parliament shall be elected for a term of three months and can hold no other Ministerial or sub-Ministerial office during that time, should someone resign during their time in office, this time-bar still applies . Number of deputies in the Austrian Parliament shall be a minimum of three, with the Kaiser being able to add more seats, or the parliament itself by a majority vote. The deputies are elected on the basis of direct, universal and equal voting right by secret ballot. Elections shall be held in accordance with V. Elections. Should there be a tie, the Emperor of the Austrian Empire has the authority to break the tie. Article 14 Deputies in the Austrian Parliament shall have an imperative mandate. The Austrian Parliament may be dissolved in order to call early elections if so decided by a majority of all of its deputies. The Emperor of the Austrian Empire may, at the proposal of the Government, with the countersignature of the Chancellor dissolve the Austrian Parliament if the latter, following the Government’s motion of confidence, passes a vote of no confidence in the Government. Article 15 Sessions of the Austrian Parliament shall be public, unless otherwise specified by a law. The Austrian Parliament shall sit in emergency session at the request of the Emperor of the Austrian Empire, the Government or a majority of its deputies. Article 16 The internal organisation and operating method of the Austrian Parliament shall be regulated by its Standing Orders. The Standing Orders shall be adopted by a majority vote of all deputies, and with the consent of the Emperor of the Austrian Empire. Article 17 The Austrian Parliament shall: - decide on the adoption of and changes to the Constitution; - adopt laws; - be entitled to pose questions to the Government of the Austrian Empire and individual ministers; and - perform any such other tasks as may be specified by the Constitution. Article 18 Unless otherwise specified by the Constitution, the Austrian Parliament shall adopt decisions by a majority vote, provided that a majority of its deputies are present at the session. Deputies shall vote in person. Article 19 The implementation of the referendum shall be regulated by law. Article 20 The Austrian Parliament may, for a maximum period of three months, authorise the Emperor of the Austrian Empire to regulate by decree individual issues falling within the jurisdiction of the Parliament, excluding those concerning the elaboration of constitutionally established human rights and fundamental freedoms, the electoral system, and the organisation, purview and operation of governmental bodies. Decrees passed on the basis of statutory authority shall cease to be valid upon the expiry of a period of one year from the date when such authority was granted, unless otherwise decided by the Austrian Parliament. Article 21 The Emperor of the Austrian Empire promulgates the laws within two days from the date of their enactment by the Austrian Parliament. The Emperor of the Austrian Empire has the power to veto any legislation. The Emperor of the Austrian Empire is not responsible for the laws he promulgates, responsible is the department minister who must co-sign the law. Article 22 Before their entry into force, laws and other regulations of government bodies shall be published in the designated area of the Forum. A law shall enter into force no earlier than the second day after the date of its publication, unless otherwise specified thereby for exceptionally justified reasons. 2. Emperor of the Austrian Empire Article 23 Head of State is the Emperor(Kaiser) of the Austrian Empire. The Emperor of the Austrian Empire shall ensure the regular and balanced functioning and stability of government. The Emperor of the Austrian Empire shall be responsible for the defence of the independence of the Austrian Empire. The Emperor of the Austrian Empire cannot be removed unless he resigns on his own voluntary act. Article 24 The Emperor of the Austrian Empire shall not perform any other public or professional duty, unless otherwise specified by the Constitution. Article 25 The Emperor of the Austrian Empire shall: - call elections for the Austrian Parliament and convene and preside on its first session; - preside on sessions of the Austrian Parliament; - declare war and conclude peace; - call referenda in conformity with the law; - dismiss and appoint Ministers; - dismiss and call elections for the Chancellor; - declare a line of succession; - grant amnesty and pardons; - confer decorations and awards specified by law; and - perform any such other duties as may be specified by the Constitution. Article 26 The Emperor of the Austrian Empire and the Government of the Austrian Empire shall co-operate in the formulation and implementation of foreign policy. The Emperor of the Austrian Empire shall decide on the establishment of diplomatic missions and consular offices of the Austrian Empire abroad. The Emperor of the Austrian Empire shall make decisions on the appointment and recall of the chiefs of diplomatic missions of the Austrian Empire abroad. The Emperor of the Austrian Empire shall receive letters of credence and letters of recall from the heads of foreign diplomatic missions. Article 27 The Emperor of the Austrian Empire shall be the commander-in-chief of the armed forces of the Austrian Empire. The Emperor of the Austrian Empire shall appoint and dismiss military commanders, in compliance with law. In the event of a clear and present danger to the independence, integrity and existence of the Austrian Empire, the Emperor of the Austrian Empire may, with the countersignature of the Chancellor, order the employment of the armed forces even if a state of war has not been declared. Article 28 During a state of war, the Emperor of the Austrian Empire may issue decrees with the force of law. If the Austrian Parliament is not in session, the Emperor of the Austrian Empire shall be authorised to issue decrees with the force of law. In the event of a clear and present danger to the independence, integrity and existence of the state, or when government bodies are prevented from performing their constitutional duties, the Emperor of the Austrian Empire may, at the proposal of the Chancellor or a deputy in the Austrian Parliament and subject to his/her countersignature, issue decrees with the force of law. This powers can be removed by the Austrian Parliament. The Emperor of the Austrian Empire shall submit decrees with the force of law to the Austrian Parliament for approval as soon as the latter is in a position to convene. If the Emperor of the Austrian Empire fails to submit any such decree to the Austrian Parliament for approval in compliance with paragraph 3 of this Article, or the Austrian Parliament fails to approve it, the decree with the force of law shall cease to be valid. In the cases specified in paragraphs 1 and 3 of this Article, the Emperor of the Austrian Empire shall be entitled to call a session of the Government and to preside there over. Article 29 The Emperor of the Austrian Empire shall enjoy immunity, except for acts of treason or disregard for the laws of the Empire. Article 30 In the performance of his/her duties, the Emperor of the Austrian Empire shall be assisted by advisory bodies such as the Chancellor and non-ministerial groups. The members of such bodies can be appointed and dismissed by the Emperor of the Austrian Empire . 3. The Government of the Austrian Empire Article 31 The Government of the Austrian Empire shall exercise executive power in compliance with the Constitution and law. It shall be headed by a Chancellor, who once elected will remain in position, until changed through resignation, dismissal by the Kaiser or under Article 29. Article 32 The Government of the Austrian Empire shall consist of a Chancellor and one or more Ministers. Members of Government shall be proposed by a person who has won the elections for Chancellor. If the Chancellor-Designate fails to form a Government within 3 days after he has been elected, the Emperor of the Austrian Empire shall form the Government within 2 days. Article 33 The Government of the Austrian Empire shall: - propose bills and other acts to the Austrian Parliament; - execute laws and other decisions of the Austrian Parliament; - adopt decrees to implement laws; - conduct foreign and domestic policy; - tend to the economic development of the country; and - perform other duties determined by the Constitution and law. Article 34 The organization, mode of operation and decision-making of the Government shall be regulated by law and its standing orders. Any member found neglecting any decision made by the Government may be held in contempt and issued punishment by the House of Lords, with approval by the Kaiser Article 35 The Government shall be accountable to the Emperor of the Austrian Empire. Article 36 Judicial power and the Constitutional Court of the Austrian Empire shall be regulated by law. IV THE SUPREME COURT Article 37 The Supreme Court of the Austrian Empire, is to be created for the purpose of ensuring that the constitution of The Austrian Empire is upheld, and that all judicial issues within the Empire are ruled upon according the full extent of the law of The Austrian Empire. Article 38 The Supreme Court of the Austrian Empire shall be comprised of all current Ministers of The Austrian House of Lords, the Kanzler and Kaiser. The Kaiser shall preside as Chief Justice over the court. Article 39 Court Procedures: Part I: Review of Evidence The Supreme Court shall be passive, it shall hear all evidence pertaining the case in the Imperial Court of Justice forum only. All posts made outside the forum shall be excluded from the trial. The accused and defense shall fully represent themselves before the Supreme Court as is there right to do so. The Justices of the Court shall each state their opinions and views on the case as evidence is presented. Once all evidence is reviewed, the Court shall convene privately to vote on a verdict. Part II: Verdict Declaration and Sentencing The verdict of either guilty or not guilty must be reached by a majority of the court. Once a verdict is reached by the Court, it shall be publicly declared, to be witnessed by all Citizens. If the verdict of the accused is found not-guilty, then the person accused shall have all charges brought before them immediately dismissed and the same charges cannot be used against them, for any future judicial hearings. Should a guilty verdict be reached, punishment according to law shall be suggested by the court with the Kaiser delivering the final sentence. V. Elections Article 40 Campaign Rules and Regulations Purpose: For the purpose of ensuring a fair and smooth election amongst all the candidates, candidates in all elections shall adhere to the rules below. Article 41 Campaigning is to be free and open, there is to be no restriction set forth as to how campaigning is to be conducted. A period of one week will be given for each candidate to campaign, after which time there, all campaign threads will be promptly closed, and the polls shall open for voting. Article 42 During campaigning, a candidate must respond to questions asked of them in the elections corner, within 3 days. If a candidate fails to reply to questions, after the time period is given, the candidate shall be disqualified from the race due to inactivity, unless valid reasons are given. Article 43 Candidates shall conduct themselves in a civil and respectful manner during the course of the campaign and election. Dishonest campaigning if proved by the Supreme Court, shall result in immediate disqualification in the race, as well as any Ministerial level posts during the next three months following. Article 44 The timeline for parliamentary elections shall follow the following dates of every third calender month. 14th - Nominations begin 18th - Campaigning begins, nominations closed. 25th - Polling begins, all campaigning stops 28th - Results announced VI. CHANGING THE CONSTITUTION Article 45 Changes to the Constitution of the Austrian Empire may be proposed by a minimum of half of the members of the Austrian Parliament or the Emperor of the Austrian Empire. Article 46 The Austrian Parliament shall decide by a majority of all deputies whether or not to initiate the procedure for changing the Constitution. Article 47 The decision to change the Constitution shall be made by a two-thirds majority of all deputies. Article 48 Changes of the Constitution shall be promulgated by the Austrian Parliament. VI. FINAL PROVISIONS Article 49 The Constitution shall enter into force on the day of its promulgation. Category:Alliance charters